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HomeMy WebLinkAboutResolution 5157 ' _ �.. F,. . � O� O O . • �- � C ITY of ORONO ,� - , � ti ti RESOLUTION OF THE CITY COUNCIL ��� , 4�G 5 1 `� kESS� NO. � RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCKLICENSE TO BOARD OF GOVERNORS,BIG ISLAND VETERAN'S CAMP � SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 WHEREAS,the City of Orono,hereinafter"City"is a municipal corporation organized and existing under the laws of the State of Miiulesota and has the authority and responsiliility under Minnesota Statutes,State Statute 412,et.seq.and State Statute 462,et.seq.,to protect the health,safety,and general welfare of the citizens of the City and otller meinbers of the public within the City; and . WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono witlz the Lake Miiinetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS,the regulation of the navigable waters involves an exercise of police power of the State, �MCD,and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which,if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the propertyrights ofthe riparian owners both as to residential owners and the cominercial marina owners to the extent prohibiting any interference with tlie public waters adj oining their property. The LMCD,DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of ripai-ian owners,whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is sharedby riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetonlca. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein;the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all •riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights;and � � ` .. �� �� Page 1 of 2 4 : , ,?�';,: �°� � 0 0 � �� 3 CITY of ORON4 � .. :. � ti ti RESOLUTION OF THE CITY COUNCIL ��� o4�G rvo. 51 5 �' kEsl; . WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities wlien such facilities are used and maintained by three or rnore families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WIiEREAS,the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, � NOW, THEREFOR.E, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 12th day of Apri1, 2004. �TTEST: ����r��. .�" . ��� Lincla S. Vee, City Clerk Barbara A.Peterson,Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN � l S� The foregoing instrument was acknowledged before me on this day of ' �i ,2004 by Barbaxa A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .. y,t ��;�•:=. RACHEL DODG� �. ' "r ''' NOTARY PUSLIC•M�Ni�E^,OTA +? � M -�� c�,��,�.�.- (p��- ; •;�� �yy Cummission Expires Jan.35,2C05 c1 �' � NotaryPublic � STATE OF MINNESOTA COUNTY OF HENNEP]N The foregoing instrument was acknowledged before me on this /5'�`' day of D/'I � ,2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instniment was executed on behalf of the City. • BARBARA G.SILUS � Nota Public < NOTARY PU9LIC-Mit�\ESOiA ry ;;�;w n Ny Commission E::pires J:n.31,2008 ge 2 of 2 � � •� �i :i : � ill ( ; � . I . i ;:_. ` � �,f 4 l ` �t ';� ;� � :4 �) :� � j �i l , �� :t ij .ii � � '� � r i I'� � f' ��� '''.' 4�. � `� � t I' U `�. . ��� r' � t�fi �, :'. ;�i ��I ; „ �f ;! '� :j� �i ` �. .. ?i' ,l! p ir! o :!I . : . . � , �. �F� ?�.� ... ,� . , si� �� :��� 3:i � -- . • CITY OF ORONO , EXHIBIT A RESOLUTION NO. �� 5 '�' CONDITIONS OF ISSUANCE FOR ANNIJAL JOINT USE DOCK LICENSE I. LICENSEE: Big Island Veteran's Camp Board of Governors Dock Address: Big Island-Record Lot#1 - 100 Big Isla�id Agent: Tom Rasmussen Address: Box 598, Excelsior,MN 55331 Licensee is: Statutory board/club or recreation group License Period- Jamiary 1,2004 to December 31, 2004 II. BOAT DENSITY The number of in-place boat slips,lifts and buoys shall not exceed the number shown on the attached plan,Exhibit �,and in accordance with Resolution 938,in no case shall the number of authorized boat slips,lifts,or buoys exceed e nurnber permitted in the prior year's license. Authorizecl Boat Density per attached plan: Bay Lower Main Lake Transient(Day use only) Slips 10 Permanent Moorage Slips 0 Boat Lifts 0 Sub-Total: Slips at Dock 10 Offshore Buoys 0 Maximum Boats in Water 14 Maximum Boats per prior license 16 (14 slips, 2 buoys under previous license) MA�CIlv1UM BOAT DENSITY 2004 � � � :� i � ��ii. :. �t`..... ' . �I� 4: � `` � '^� .�63 �:� . �: . . , : � � �lubit A � 1 � � solution No. - Page 2 . Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code, III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B.Any changes in tlus layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the_City and/or the LMCD. The issuance of this license is subj ect to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Based on the 5 cabins and 25 tent-camping sites approved by City of Orono Resolution#2802, 10 slips are approved for the 2003 season per your application. 2. Future requests for additional slips wi11 be subject to City Coluzcil approval and shall be reviewed • and considered in relation to the concurrent level of allowed camp activity. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution,but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. • � ! i ' , , . , ; i. ,�. � � �� , . ; � i .i. � ��i �� , '. �� .